Jan82026
Family Law Q&A Series

Can I start the divorce process on my own and hire a lawyer later if it becomes contested? – North Carolina

Short Answer

Yes. In North Carolina, a person can file for absolute divorce without a lawyer and later hire one if the case becomes contested. The key risk is that filing “just the divorce” can accidentally waive important related claims—especially equitable distribution and alimony—if they are not asserted before the divorce judgment is entered. If there is any chance of disputes about property, support, or custody, it is usually safer to get legal advice before filing.

Understanding the Problem

In North Carolina, can a spouse file an absolute divorce case in the county where the parties live, handle the early paperwork without an attorney, and then retain an attorney later if the other spouse contests the case or disputes related issues? The decision point is whether starting the case without counsel could create avoidable procedural problems or cause the loss of important rights before an attorney is brought in.

Apply the Law

North Carolina allows self-represented (pro se) spouses to file for absolute divorce in state court, and an attorney can be hired later by filing a notice of appearance and taking over the case. The controlling requirements for an absolute divorce based on one-year separation include a six-month residency requirement and proof that the spouses have lived separate and apart for at least one year. Divorce cases follow the North Carolina Rules of Civil Procedure for filing and service, and service deadlines can matter. Most importantly, some related claims (like equitable distribution and alimony) can be lost if they are not asserted before the divorce is granted.

Key Requirements

  • Grounds and residency: For the common “one-year separation” divorce, the spouses must have lived separate and apart for one year, and at least one spouse must have lived in North Carolina for at least six months before filing.
  • Proper filing, venue, and service: The divorce complaint must be verified, filed in the proper county, and served correctly under the civil rules so the court can move the case forward.
  • Protect related claims before judgment: If there is any possibility of disputes over property division (equitable distribution) or spousal support (alimony), those claims generally must be asserted before the absolute divorce judgment is entered, or they may be barred.

What the Statutes Say

Analysis

Apply the Rule to the Facts: Here, both spouses live in the same North Carolina county, so venue is typically straightforward and the case is usually filed with the Clerk of Superior Court in that county. A self-represented spouse can start the absolute divorce case and later retain counsel if the other spouse contests the divorce or if related issues become disputed. The main practical concern is not the ability to hire a lawyer later—it is whether any related claims (especially property division or spousal support) need to be filed before the divorce is granted to avoid losing them.

Process & Timing

  1. Who files: Either spouse. Where: Clerk of Superior Court in the county where either spouse resides in North Carolina. What: A verified Complaint for Absolute Divorce and a Civil Summons. When: After the one-year separation requirement is met under North Carolina law, and after at least six months of North Carolina residency by one spouse.
  2. Serve the papers: The filed summons and complaint must be served using an allowed method (often sheriff service or certified mail). Under Rule 4, service generally must be completed within 60 days after the summons is issued, or the filing party must timely extend service by endorsement or an alias/pluries summons.
  3. Move the case to judgment: If the case stays uncontested, the filing party typically requests a hearing or submits the required paperwork for entry of the divorce judgment (local procedures vary by county). If the other spouse contests issues or files related claims, the case can become more procedural and an attorney can step in at that point by filing a notice of appearance and handling motions, discovery, and court dates.

Exceptions & Pitfalls

  • Filing “just the divorce” can waive other rights: A common mistake is pursuing an absolute divorce judgment before asserting claims like equitable distribution or alimony. In many situations, once the divorce is entered, the court may no longer have power to decide those claims if they were not properly asserted in time.
  • Local county procedures vary: Counties can have different expectations for scheduling, required forms, and how uncontested divorces are processed. Missing a local requirement can delay the case or cause paperwork to be rejected.
  • Service problems: Incorrect service (wrong method, missing proof, or missing the Rule 4 timing rules) can stall the case or force refiling. Service by publication has special requirements and can affect what claims can be pursued later.

Conclusion

North Carolina allows a spouse to start an absolute divorce case without a lawyer and hire one later if the matter becomes contested. The safest approach is to confirm the one-year separation and six-month residency requirements, file a verified complaint in the proper county, and complete service within the Rule 4 deadlines. Before allowing the divorce judgment to be entered, it is critical to decide whether to assert related claims—especially equitable distribution or alimony—because waiting until after the divorce can permanently limit those options.

Talk to a Family Law Attorney

If a divorce may become contested or may involve property division, support, or other disputed issues, a quick legal review before filing can help protect important rights and deadlines. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.

Category: Family Law Q&A Series

Author: Pierce Law

Pierce Law Group is a North Carolina law firm focused on probate administration, real estate partition matters, and surplus funds claims across North Carolina. We know these situations often come with stress, family dynamics, and time-sensitive decisions—so we prioritize clear communication, steady guidance, and a practical plan from day one. Our goal is to make a complicated process feel manageable, while protecting what matters most to you.